HomeMy WebLinkAboutCAG2021-424 - Original - ATF - Violent Crimes Task Force MOU - 07/06/2021ApprovalOriginator:Department:
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rev. 20210513
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSMS (ATF),
And
The Kent Police Department (KPD)
This Memorandum of Understanding ("MOU") is entered into by and between the Bureau of
Alcohol, Tobacco, Firearms and Explosives ("ATF") and Kent Police Department ("participating
agency'') as it relates to the ATF Violent Crime Task Force (herein referred to as the "Task
force").
BACKGROUND
This task force has been expandcd in order to concentrate on combatting violent crime in the
South King County area. There have been numerous violent crimcs occurring as a result of
continued gang retaliation shootings. Most of these incidents have occurred or have ties to South
King County,
AUTHORITIES
The authority to investigate and enforce offenses under provisions of this MOU are found at 28
U.S.C. $ 599A,28 C.F.R. $$ 0.130,0.131, and l8 U.S.C. $ 3051'
PURPOSE
The Task Force will perform the activities and duties described below:
a. Investigate firearms trafficking
b. tnvestigate firearms related violent crime
c. Gather and report intelligence data relating to trafficking in firearms
d. Conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the Task Force's activities will result in effective
prosecution before the courts of the United States and the State of Washington.
The mission of the participating Agencies is to conduct in-depth investigations of firearms-
related crimes; to identify and target for prosecution the perpetrators of such crimcs (i.e.
outlaw motorcycle organizations, street gangs, armed career criminals and armed narcotic
trafhckers); and to achieve maximum coordination and cooperation in bringing to bear the
combined resources of the participating Agencies aimed at reducing the most violent criminal
activity within the community.
ATF ILEO Task Force MOU - March 2021 Page 1
(which may include vehicles, weapons or radios), TFOs must abide by any applicable ATF
property oid.rs or policy and may be required to enter into a separate agreemcnt for their use.
To accomplish the objectives of the Task Force, the Kent Police Department agrees to detail one
fulltime TFO to the Task Force/Special Deputy for a period of not less than two (2) years.
All TFOs shall quatify with their respective firearms by complying with ATF's Firearms and
Weapons Policy.
SECURITY CLEARANCES
All TFOs will undergo a security clearance and background investigation, and ATF shall bear
the costs associatcd with those investigations. TFOs must not be the subject of any ongoing
investigation by their department or any other law enforcement agency, and past behavior or
punishment, disciplinary, punitive or otherwise, may disqualify one from cligibility to join the
lask Force. ATF has final authority as to the suitability of TFOs for inclusion on the Task
Force.
DEPUTATIONS
ATF, as the sponsoring Federal law enforcement agencY, maY request at its sole discretion that
the participating agency's TFOs be deputized by the U.S. Marshals Service to cxtend their
juriidiction, to include applying for and executing Federal search and arrest warrants, and
iequesting and executing Federal grandjury subpoenas for records and evidence involving
violations of Federal laws. Such requests will be made on an individual basis as determined by
ATF.
The participating agencies agree that any Federal authority that may be conferred by a deputation
is limited to activities supervised by ATF and will terminate when this MOU is terminated or
when the deputized TFOs leave the Task Force, or at the discretion of ATF.
ASSIGNMENTSO REPORTS AND INFORMATION SHARING
An ATF supervisor or designee will be empowered with designated oversight for investigative
and personnel matters related to the Task Force and will be responsible for opening, monitoring,
direiting and closing Task Force investigations in accordance with ATF policy and the
applicable United States Attomey General's Guidelines.
Assignments will be based on, but not limited to, experience, training and performance, in
addition to the discretion of the ATF supervisor.
A1l investigative reports will be prepared utilizing ATF's investigative case management system,
(N-Force) utilizing ATF case report numbers. The participating agency will share investigative
ieports, findings, intelligence, etc., in furtherance of the mission of this agreement, to the fullest
extent allowed by law. For the purposes of uniformity, there will be no duplication of reports,
but rather a single report prepared by a designated individual which can be duplicated as
ATF JLEO Task Force MOU - MarchZ02l Page 3
obtained from an informant and relevant to matters within the jurisdiction of this MOU will be
shared with all parties to this MOU. The registering agency will pay all reasonable and
necessary informant expenses for each informant that a participating agency registers'
DECONFLICTION
Each participating agency agrees that the deconfliction process requires the sharing of certain
operational information with the Task Force, which, if disclosed to unauthorized persons, could
endanger law enforcement personnel and the public. As a result of this concem, each
participating agency aglees to adopt security measures set forth herein:
a. Each participating agency will assign primary and secondary points of contact.
b. Each participating agency agrees to keep its points of contact list updated.
The points of contact for this Task Force are:
ATF: Group Supervisor William Perkins
Kent Police Department: Commander Rob Scholl
EVIDENCE
Evidence maintained by the lead agency having jurisdiction in the court system intended for
prosecution. Evidence generated from investigations initiated by a TFO or ATF special agent
intended for Federal prosecution will be placed in the ATF designated vault, using the
procedures found in ATF ordcrs.
All firearms seized by a TFO must be submitted for fingerprint analysis and for a National
Integrated Ballistics Information Network (NIBIN) examination. Once all analyses are
completed, all firearms seized under Federal law shall be placed into the ATF designated vault
for proper storage. All firearms informatior/descriptions taken into ATF custody must be
submitted to ATF's National Tracing Center.
JURISDICTION/PROSECUTIONS
Cases will be reviewed by the ATF Special Agent in Charge or his/her designee in consultation
with the participating agency and the United States Attorney's Office and appropriate State's
attorney offices, to determine whether cases will be referred for prosecution to the U.S.
Attomey's Office or to the relevant State's attomey's office. This determination will be based
upon which level of prosecution will best serve the interests ofjustice and the greatest overall
benefit to the public. Any question that arises pertaining to prosecution will be resolved through
discussion among the investigative agencies and prosecuting entities having an interest in the
matter.
In the event that a state or local matter is developed that is outside the jurisdiction of ATF or it is
decided that a case will be prosecuted on the state or local level, ATF will provide all relevant
ATF JLEO Task Force MOU - March 2021 Page 5
enforcement agency and their officers/ troopers/investigators as swom law enforcement officers.
If required or requested, the participating agency shall be responsible for demonstrating to the
Department of Justice that its personnel are law enforcement officers for the purpose of overtime
payment from the Department of Justice Asset Forfeiture Fund. Thts MOU is not n fundlne
document.
In accordance with these provisions and any MOA on asset forfeiture, the ATF Special Agent in
Charge or designee shall be responsible for certifying reimbursement requests for overtime
expenses incurred as a result of this agreement.
AUDIT INFORMATION
Operations under this MOU are subject to audit by ATF, the Department of Justice's Office of
the Inspector General, the Govemmcnt Accountability Office, and other Govemment-designated
auditors. Participating agencies agree to permit such audits and to maintain all records relating
to Department of Justice Asset Forfeiture Fund payments for expenses either incurred during the
course of this Task Forcc or for a period of not less than three (3) years and, if an audit is being
conducted, until such time that the audit is officially completed, whichever is greater.
FORFEITURES/SEIZURES
All assets seized for administrative forfeiture will be seized and forfeited in compliance with the
rules and regulations set forth by the U.S. Department of Justice Asset Forfeiture guidelines.
When the size or composition of the item(s) seized make it impossible for ATF to store it, any of
the participating agencies having the storage facilities to handle the seized property aglee to store
the property at no charge and to maintain the property in the same condition as when it was first
taken into custody. The agency storing said seized property agrees not to dispose of the property
until authorized to do so by ATF.
The MOU provides that proceeds from forfeitures will be shared, with sharing percentages based
upon the U.S. Department of Justice Assct Forfeiture policies on equitable sharing of assets, such
ai determining the level of involvement by each participating agency. Task Force assets seized
through administrative forfeiture will be distributed in equitable amounts based upon the number
of full-time persons committed by each participating agency. Should it become impossible to
separate the assets into equal shares, it will be the responsibility of all the participating agencies
to come to an equitable decision. If this process fails and an impasse results, ATF will become
the final arbitrator of the distributive shares for the participating agencies
DISPUTE RESOLUTION
In cases of overlapping jurisdiction, the participating agencies agree to work in concert to
achieve the Task Force's goals and objectives. The parlies to this MOU agree to attempt to
resolve any disputes regarding jurisdiction, case assignments and workload at the lowest level
possible.
ATF JLEO Task Force MOU - March202I Page 7
SIGNATURES
Rob Scholl
Commander
Kent Police Department
r1 I '?rgLt t6t21
Jonathan T. McPherson Date
Special Agent in Charge, ATF
Seattle Field Division
ATF JLEO Task Force MOU - March20?L Page 9